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Department of Homeland Security U.S. Citizenship and Immigration Services

Instructions for I-130, Petition for Alien Relative

OMB #1615-0012; Expires 01/31/11

Instructions

Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any,at the top of each sheet of paper and indicate the part and number of the item to which the answer refers. If you do not follow the instructions, U.S. Citizenship and Immigration Services (USCIS) may have to return your petition, which may delay final action. The filing addresses provided on this form reflect the most current information as of the date this form was last printed. If you are filingForm I-130 more than 30 days after the latest edition date shown in the lower right-hand corner, please visit our website online at www.uscis.gov before you file, and check the Immigration Forms page to confirm the correct filing address and version currently in use. Check the edition date located in the lower right-hand corner of the form. If the edition date on your Form I-130 matches theedition date listed for Form I-130 on the online Immigration Forms page, your version is current and will be accepted by USCIS. If the edition date on the online version is later, download a copy and use the online version. If you do not have Internet access, call the National Customer Service Center at 1-800-375-5283 to verify the current filing address and edition date. Improperly filed forms will berejected, and the fee returned, with instructions to resubmit the entire filing using the current form instructions.

What Is the Purpose of This Form?

A citizen or lawful permanent resident of the United States may file this form with U.S. Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who wish to immigrate to the UnitedStates.

Who May File Form I-130?

1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

A. Your husband or wife; B. Your unmarried child under age 21; C. Your unmarried son or daughter age 21 or older; D. Your married son or daughter of any age; E. Your brother(s) or sister(s) (you must be age 21 or older); F. Yourmother or father (you must be age 21 or older).

2. If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21; C. Your unmarried son or daughter age 21 or older.

NOTE:

1. There is no visa category for married children of permanent residents. If an unmarried son or daughter of a permanent residentmarries before the permanent resident becomes a U.S. citizen, any petition filed for that son or daughter will be automatically revoked.

2. If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.

3. If your relative qualifies under paragraph 2(B) or 2(C) above,separate petitions are not required for his or her unmarried children under 21 years of age.

4. The persons described in number 2 and 3 of the above NOTE will be able to apply for an immigrant visa along with your relative.

Who May Not File This Form I-130?

You may not file for a person in the following categories:

1. An adoptive parent or adopted child, if the adoption took place after thechild's 16th birthday, or if the child has not been in the legal custody and living with the parent(s) for at least two years.

2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

4. A husband or wife, if you and...
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